Mr. Rogers of
Michigan (for himself, Ms.
Ros-Lehtinen, and Mr.
McKeon) introduced the following bill; which was referred to the
Committee on the
Judiciary

A BILL

To require a report by the Secretary of State on whether
the Haqqani Network meets the criteria for designation as a foreign terrorist
organization, and for other purposes.

1.

Short title

This Act may be cited as the
Haqqani Network Terrorist Designation
Act of 2012.

2.

Findings; Sense
of Congress; Statement of Congress

(a)

Findings

Congress finds the following:

(1)

A
report of the Congressional Research Service on relations between the United
States and Pakistan states that [t]he terrorist network led by
Jalaluddin Haqqani and his son Sirajuddin, based in the FATA, is commonly
identified as the most dangerous of Afghan insurgent groups battling U.S.-led
forces in eastern Afghanistan..

(2)

The report further
states that, in mid-2011, the Haqqanis undertook several high-visibility
attacks in Afghanistan.

(3)

A
late June 2011 assault on the Intercontinental Hotel in Kabul by eight Haqqani
gunmen and suicide bombers left 18 people dead.

(4)

On September 10,
2011, a truck bomb attack on a United States military base by Haqqani fighters
in the Wardak province injured 77 United States troops and killed five
Afghans.

(5)

The September 13,
2011, attack on the United States Embassy compound in Kabul involved an assault
that sparked a 20-hour-long gun battle and left 16 Afghans dead, five police
officers and at least six children among them.

(6)

The report further
states that U.S. and Afghan officials concluded the Embassy attackers
were members of the Haqqani network..

(7)

General John
Allen, Commander, United States Forces Afghanistan, has stated that the
Haqqanis are responsible for the deaths of hundreds of United States and
coalition service members, and is responsible for planning and conducting
high-profile attacks against United States interests, including the deadly
assault on the Capital, Kabul in April 2012.

(8)

In September 22,
2011, testimony before the Committee on Armed Services of the Senate, Chairman
of the Joint Chiefs of Staff Admiral Mullen stated that [t]he Haqqani
network, for one, acts as a veritable arm of Pakistan’s Inter-Services
Intelligence agency. With ISI support, Haqqani operatives plan and conducted
that [September 13] truck bomb attack, as well as the assault on our embassy.
We also have credible evidence they were behind the June 28th attack on the
Intercontinental Hotel in Kabul and a host of other smaller but effective
operations..

(9)

In October 27,
2011, testimony before the Committee on Foreign Affairs of the House of
Representatives, Secretary of State Hillary Clinton stated that I think
everyone agrees that the Haqqani Network has safe havens inside Pakistan; that
those safe havens give them a place to plan and direct operations that kill
Afghans and Americans..

(10)

On November 1,
2011, the United States Government added Haji Mali Kahn to a list of specially
designated global terrorists under Executive Order 13224.

(11)

The Department of
State described Haji Mali Khan as a Haqqani Network commander
who has overseen hundreds of fighters, and has instructed his
subordinates to conduct terrorist acts..

(12)

The designation
continued, Mali Khan has provided support and logistics to the Haqqani
Network, and has been involved in the planning and execution of attacks in
Afghanistan against civilians, coalition forces, and Afghan
police..

(13)

According to
Jason Blazakis, the chief of the Terrorist Designations Unit of the Department
of State, Haji Mali Khan also has links to al-Qaeda.

(14)

Five other top
Haqqani Network leaders have been placed on the list of specially designated
global terrorists under Executive Order 13224 since 2008, and three of them
have been so placed in the last year.

(15)

Sirajuddin
Haqqani, the overall leader of the Haqqani Network as well as the leader of the
Taliban’s Mira shah Regional Military Shura, was designated by the Secretary of
State as a terrorist in March 2008, and in March 2009, the Secretary of State
put out a bounty of $5,000,000 for information leading to his capture.

(16)

The other four
individuals so designated are Nasiruddin Haqqani, Khalil al Rahman Haqqani,
Badruddin Haqqani, and Mullah Sangeen Zadran.

(b)

Sense of
Congress

It is the sense of Congress that the Secretary of State
should designate the Haqqani Network as a foreign terrorist organization in
accordance with section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).

(c)

Statement of
Congress

Congress encourages continued and thorough cooperation
between the Secretary of State and the intelligence community regarding the
Haqqani Network.

3.

Report on Haqqani
Network

(a)

In
general

Not later than 30
days after the date of the enactment of this section, the Secretary of State
shall submit to the appropriate congressional committees—

(1)

a detailed report on whether the Haqqani
Network meets the criteria for designation as a foreign terrorist organization
as specified in section 219 of the Immigration and Nationality Act (8 U.S.C.
1189); and

(2)

if the Secretary determines that the
Haqqani Network does not meet such criteria, a detailed justification as to
which of such criteria have not been met.

(b)

Form

The report required under subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.

(c)

Appropriate
congressional committees defined

In this section, the term
appropriate congressional committees means—

(1)

the Committee on Armed Services, the
Committee on Foreign Relations, and the Select Committee on Intelligence of the
Senate; and

(2)

the Committee on Armed Services, the
Committee on Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.

(d)

Rule of
construction

Nothing in this
section may be construed to infringe upon the sovereignty of Pakistan to combat
militant or terrorist groups operating inside the international boundaries of
Pakistan.